Category Archives: environmentalism

Frackers Must Pay For Our Lawyers – In our dreams

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This probably will not happen, but it can’t hurt to ask.

Here we are at Day 47 (12/31/2013) of the IDNR Comment Period as we close out 2013.   We anticipate hand-delivering 20,000 hard-copy comments to IDNR on either Thursday or Friday afternoon of this week–just trying to firm up the date and time.  We will have a date and time locked in by tomorrow. Thank you, all of you, who have participated in writing comments.  We couldn’t have done this without you.

Today’s Topic: Recouping Attorney Fees

  • Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx
  • Click the button:  Subpart C: Permit Decisions (245.300-245.360)
  • In the “Section” dropdown box, click:  245.310 Permit Denial
  • Submit your comment/s (below)
  • Click “Submit”

Comment:

DNR’s rules should include a provision that would authorize the recovery of attorney fees for those who successfully challenge a permit application.

The Statutes:

Section 1-102(c) of the Hydraulic Fracturing Regulatory Act (225 ILCS 752/1-102(c)) allows a circuit court to award attorney fees where a person successfully sues to enforce compliance with the Act:

   “(c) The court, in issuing any final order in any action brought under this Section, may award costs of litigation (including attorney and expert witness fees) to any party, on the basis of the importance of the proceeding and the participation of the parties to the efficient and effective enforcement of this Act.”

Also, section 10-55(c) of the Illinois Administrative Procedure Act (5 ILCS 100/10-55(c)) allows a circuit court to award attorney fees to a party who successfully challenges a DNR rule in court:

   “(c) In any case in which a party has any administrative rule invalidated by a court for any reason, including but not limited to the agency’s exceeding its statutory authority or the agency’s failure to follow statutory procedures in the adoption of the rule, the court shall award the party bringing the action the reasonable expenses of the litigation, including reasonable attorney’s fees.”

The Rules:

But DNR’s proposed rules do not allow for an award of attorney fees for an interested person who hires an attorney and successfully challenges a permit application.  Given the typical situation–a vast disparity in financial resources between the typical industry applicant, on the one hand, and an adversely affected individual landowner or other interested person on the other, the ability to hire and pay for an attorney will be essential to ensuring a fair hearing on a contested permit application.

Needed Revision:

Section 245.310 should be revised to include a provision for the reimbursement of attorney fees to a person who successfully challenges a permit application.

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Fracker Trash Illinois And Run – The will file bankruptcy before they remediate

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Just take a look at all the gaping holes the other extraction industry have left in Illinois. Their are parts of Illinois that look like the 10,000 lakes area in Minnesota that used to be valuable farmland. This will be no different.

Day 46  12/30/13

Topic:  Topsoil Replacement Requirements

Comment:

Sections 1-70(b)2 and 1-95(c) of the Hydraulic Fracturing Regulatory Act state that stripped topsoil is to be replaced with similar soil and the site returned to its pre-drilling condition.

Section 1-95(c) of the Act specifically states: “The operator shall restore any lands used by the operator other than the well site and production facility to a condition as closely approximating the pre-drilling conditions that existed before the land was disturbed for any stage of site preparation activities, drilling, and high volume horizontal hydraulic fracturing operations.”

When drilling is anticipated to be completed in less than a year, Section 245.410(d) of the Rules stipulates that the topsoil is to stockpiled and stabilized to prevent erosion.  However, “In the event it is anticipated that the final reclamation shall take place in excess of one year from drilling the well, the topsoil may be disposed of in any lawful manner provided the permittee reclaims the site with topsoil of similar characteristics of the topsoil removed.”

What is missing, and needed, in this section of the Rules is the stipulation that the replacement topsoil will be not only similar in characteristics of the topsoil removed, but also match the removed topsoil in VOLUME.   In fact, there is no place in the rules that requires measurement of the topsoil removed or measurement of the replacement topsoil.  Without such a requirement, it would be easy for an unscrupulous operator to replace the topsoil with smaller quantities than were originally removed.

Revisions Needed:  When final reclamation is anticipated to exceed one year and topsoil is removed from the site, Section 245.410(d) must require measuring the volume of the removed topsoil and stipulate that the replacement topsoil will match both the quality AND quantity of the removed topsoil.

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510 E. Washington St. Suite 309
Bloomington, IL 61701
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The Burden Of Illinois Fracking – It is all on us

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Please spare the people of Illinois of having the burden of Fracking disasters placed on their shoulders.

 

 

There was a full house–over 200– at the Carbondale IDNR hearing last night.  That makes over 1000 concerned Illinoisans have attended IDNR hearings against the weak IDNR fracking rules–many of them providing testimony.  IDNR and JCAR, are you listening?

Today (Friday) 12/20/13) is Day 36 of the comment period.

Today’s Topic: Starting the clock over when deficiencies are identified at, or as a result of, the hearing.

Comment:

Subsection 245.270(n), allows the applicant to attempt to correct deficiencies identified at the hearing, but places no time limit on such correction.  It also doesn’t require the Department to provide public notice of such correction. As such, applicants could, in principle, provide information to the Department on Day 59 of the 60-day permit issuance period, and the public would not find out about it until long after the permit had been issued.

Revisions Needed: This provision should specify a time window for applicants to provide corrections. It should also provide that the post- hearing public comment period must remain open for a sufficient number of days after that time window in order to provide the public adequate time to meaningfully review and comment on those corrections. It would not be unreasonable for deficiencies to be viewed as an incomplete application requiring that the 60-day clock start over.

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Water Is Precious – Why would we mix it with toxics and then pump it under ground

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The whole United States is drought prone now. We dirty up to much fresh waster. We drink alot through inefficient drinking water systems. Springfield’s ancient system wastes as much as it delivers and we just came through a serious drought. Now we want to waste water on fracking? Really? No Way!

 

Today (Friday, 11/29/13) is Day 15 of the IDNR Comment Period on Fracking.  Please don’t miss making a comment today on the very important topic of water!

Topic – Inadequate Water Plans and Local Control of Water in Permitting Process

  • Click the button: Subpart B:  Registration and Permitting Procedures
  • In the “Section” dropdown box, click:  245.210 Permit Application Requirements
  • Submit your comment/s (below)
  • Click “Submit”

Subpart B:  Regulations and Permitting

Section 245.210 Permit Application Requirements

Section 245.210 requires permit applicants to submit: a Water Source Management plan: “If fresh water is anticipated to be used in the high volume horizontal hydraulic fracturing treatment, a water source management plan that shall include the following information:” (source of ground or surface water, how much water to be used, months of use, methods to minimize fresh water use, methods used to minimize adverse impact to aquatic life).

Problems with this section:

  1. While there is a required water management plan, this plan does not require application to local municipal, water district or other governmental control units requesting use of their ground or surface water resources.  In fact, if fracking is allowed, local government has no authority to deny water to a frack well operator, even in the case of drought.
  2. There is no process for sharing the frack operator’s water plan with other state or regional agencies responsible for water usage (e.g. Illinois EPA, East Central IL Regional Water Supply Planning Committee) for their input on whether the plan is adequate, and how usage relates to possible drought situations.
  3. There are no minimum regulatory thresholds regarding the amount of water to be used, the impact of water use given drought situations, actual impact on aquatic life, impact on existing human, industrial and agricultural water immediate needs, and potential future impacts.

Why these are problems:

  1. The IDNR report The Drought of 2012, March 2013 identified:
  1. In 2012, the 12 counties of southern IL–where the majority of fracking leases have been obtained–experienced “D4 drought – exceptional”, the most severe drought rating.  From July to December 2012 the area was in continuous drought.
  2. Two of three local areas identified as “at risk public water supply” are in potential frack operation counties (Macon, Johnson, IL).  These counties were identified in an IL EPA 2012 drought report as having Community Water Systems most stressed by the drought.
  1. A report by the East Central IL Regional Water Supply Planning Committee identified:
  1. Springfield has a greater than 50% probability their water system will be unable to meet projected water use with a drought of record.
  2. By 2020, Bloomington and Decatur’s water systems will be inadequate to meet demand.
  1. The average water use by a frack operator is significant and will have an impact on water usage.  According to federal EPA, the average frack uses 4.4 million gallons of water.  And wells can be fracked multiple times.

Needed changes:

  1. Any governmental unit that involves itself in local or regional water issues must review the frack operator water source management plan with the power to affirm, reject or modify the plan.
  2. If a county or geographic area is identified as being in a drought, frack operations will cease.
  3. IDNR must develop scientifically based high minimum, specific standards of water usage protecting existing human, agricultural and industrial use.  A frack operator’s water source management plan must adhere to these formal standards.

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Global Warming Slams The Philippines – Yes I will be the first one to say it

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Climatologists and weather people are always nattering on about how you can’t link global warming and a “particular’ WEATHER EVENT. Well I say that is super silly. This last hurricane to hit the Philippines (one of 4 already this season) was caused by global warming. I mean come on, the most powerful storm ever to strike land. When do adjectives like that add up to – caused by. Does the next biggest “ever” storm = global warming. Does a year of the “biggest” storms ever = global warming. Really when can I drop the parenthesis around all the adjectives and just say it out loud. Well I believe today is the day.

http://au.ibtimes.com/articles/521536/20131112/climate-change-warsaw-global-warming-typhoon-haiyan.htm#.UoJYfOInN5r

Climate Change Talks: Philippine Representative in Tears Over Haiyan, Receives Standing Ovation

By Reissa Su | November 12, 2013 7:51 PM EST

Typhoon Haiyan has dampened the spirits of climate change negotiators in an international talk on global climate change treaty in Warsaw. Delegates from around the world quickly suggested that the monster typhoon that wreaked havoc in the Philippines was enhanced by global warming.

Typhoon Haiyan has left Vietnam and is now on its way to China at a reduced strength. The super storm has displaced over 600,000 families in the Philippines  leaving most of Tacloban City devastated.

Lead negotiator for an alliance of small island nations Olai Ngedikes said that Typhoon Haiyan should be a “stark reminder” of the lack of action among governments in the world. He said the typhoon should motivate climate change negotiators to push an agreement in Warsaw.

Philippine representative to the UN climate change talks, Naderev Sano said he would fast or refrain from eating in solidarity with typhoon victims or until a meaningful solution will be reached. Mr Sano said the effect of climate change is madness. He added they can put an end to the madness by arriving at an agreement in Warsaw.

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Germany Gets 20% Of Its Power From Renewables – After the renewable gold rush

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I thought I would start us out with a song.

http://www.youtube.com/watch?v=NOMaqe0LOmo

The days when all the lies are proven false is right here and right now. Wind, solar and geothermal can replace coal gas and oil. And hthey can do it in the industrial heartland. It is the future and ain’t it grand?

http://uk.reuters.com/article/2011/10/17/us-germany-renewables-boom-idUKTRE79G0N420111017

 

Analysis: Renewable “gold rush” powers Germany’s north shore

 

 

By Erik Kirschbaum

ROSTOCK, Germany | Mon Oct 17, 2011 6:04am BST

(Reuters) – Renewable energy has created a “gold rush” atmosphere in Germany’s depressed north-east, giving the country’s poorhouse good jobs and great promise.

The natural resources attracting investors and industry are of a simple variety: wind, sunshine, agricultural products and farm waste such as liquid manure.

The rush to tap green resources in Mecklenburg-Vorpommern state is reminiscent of the frenzies that came with gold or oil discoveries in past centuries. The buzz can be felt in towns and sparkling new factories across the Baltic shore state.

“Renewable energy has become extremely valuable for our state,” said its premier, Erwin Selling, in an interview with Reuters. “It’s just a great opportunity — producing renewable energy and creating manufacturing jobs.

“From an industrial point of view we’d been one of Germany’s weaker areas. But the country is abandoning nuclear power. That will work only if there’s a corresponding — and substantial — increase in renewables. It’ll be one of Germany’s most important sectors in the future. We want to be up there leading the way.”

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Taiwan Does Solar In A Big Way – Asia in general understands the need to ditch coal

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China is having smog days in some cities that have pollutants 50 times higher then allowed in the United States. Rates that can cause lung damage in mere minutes. So everyone in Asia is well aware that they need to switch from carbon fuels to renewables. Unfortunately, India has not learned the lesson yet.  But Taiwan definitely has.

http://solarbusiness.com.au/rise-rise-taiwan-solar/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+SolarBusinessServices+%28Solar+Business+Services%29

The rise and rise of Taiwan Solar

21 Oct, 2013

(I skipped the first couple of paragraphs)

Either way, this beautiful, mountainous, island nation has become a technological powerhouse in Asia. Driven initially by Japanese influences prior to World War 2, it has developed a highly successful semiconductor industry including wafer foundries, Integrated Circuit (IC) packaging and testing industries and was considered the world’s number one in 2011 in terms of IC revenues.

The Taiwanese semiconductor industry developed an early vertical integration model (upstream, midstream, and downstream sectors) including silicon materials and silicon wafering; midstream IC design, IC manufacturing, and IC packaging industries; and downstream computer, cellular phone, and consumable electrical product companies. The transition from semiconductor to photovoltaic industries was a therefore a logical and natural progression for Taiwan and explains why it has become so enormously important.

Fast forward to 2012 and the beginning of trade tariffs on Chinese made PV products in some countries.  With deep historical and business ties to China but technically an independent status, the importance of Taiwan’s PV manufacturing sector took a huge leap forward.

One example of the Taiwanese PV industries rise to PV success is WINAICO.  WINAICO’s parent company is Win Win Precise Material Co Ltd who established themselves in 2003 as a supplier and marketer to the semi-conductor industry. By 2007, it had created Winergy Solar and soon afterwards WINAICO, establishing a network of global sales offices and joint ventures to develop, market and deploy its PV technologies.

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Kill The Ocean And Kill Ourselves – Jacque Cousteau said it 60 years ago

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It is as true today as it was then. We are so much closer to the edge today then we were then and it is frightening.

http://news.yahoo.com/business-urged-more-save-oceans-world-bank-study-041032438.html

Business urged to do more to save oceans: World Bank study

Reuters By Environment Correspondent Alister Doyle

OSLO (Reuters) – Businesses should play a bigger role in helping to save depleted fish stocks as part of efforts to prevent irreversible damage to the oceans, a World-Bank backed report said on Wednesday.

The study, by 21 experts including government ministers, academics, conservationists and company leaders, said policies for protecting the oceans from over-fishing, pollution and climate change were often ineffective and fragmented.

It recommended more public-private partnerships involving companies, governments, local communities and others to protect ecosystems that are the main source of protein for a billion people, mainly in the developing world.

“A paradigm shift is needed in how we use and conserve ocean resources to address current inadequacies,” the report said.

The panel, set up by the World Bank, is one of several groups trying to find ways to deal with threats to the oceans. A separate Global 0cean Commission, for instance, is looking at how to safeguard the high seas, outside national jurisdictions.

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Polluted Water Floods Colorado – That stuff is not your pure mountain springs

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My cousins Matt and Andy live in Boulder and my bestest friends Julie and Wayne live in the flood basin out near Frederick. Neither is in any danger, but life has become inconvenient for them all. Bottle water is hard to find. I do not drink the stuff because it is environmentally stupid and a landfill threat but some people drink nothing else. Wayne has to call the State Police before he sets off for work at night to make sure he can get through. But nobody is talking about the pollution this flooding is spreading.

And now they are saying in Weld County that a pipeline has broken and they have to idea what is leaking out. The pictures from this piece make me sick to my stomach.

http://www.texassharon.com/2013/09/15/is-there-a-media-blackout-on-the-fracking-flood-disaster-in-colorado/

Is there a media blackout on the fracking flood disaster in Colorado?

 

by TXsharon on September 15, 2013

See update below before trying to post a comment.

 

I will update this post as residents send me pictures and video.

 

We need the national news stations to go cover the environmental disaster that’s happening in Colorado right now.

This picture taken by a resident is from yesterday:

>>Picture omitted<<

From an email.

 

I see you’ve noticed the underwater wells in Weld County, Colorado. Amazing; we’ve emailed the Denver TV stations, other media, and state and local politicians. We’ve sent pictures that our members have taken. It’s like the media and politicians have been TOLD not to say anything about it. There has been no mention of the gas wells on the Denver newscasts either last night or this evening although all stations have had extensive and extended flood coverage. You can see underwater wells in the background of some of the newscast videos, and yet the reporters say absolutely nothing.

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With A Name Like Dong – Their windmills have got to be huge

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I know, I know. The comments in the title are sexist, xenophobic, and take advantage of language differences which border on the obscene, but I made you LOOK didn’t I. Any improvement in wind turbines is good news for the world.

 http://uk.news.yahoo.com/dong-launches-wind-turbine-demo-project-britain-093643593–sector.html#PEqa6aI

Dong launches wind turbine demo project in Britain

LONDON (Reuters) – Dong Energy launched a project on Thursday to test two new giant offshore turbines at its wind farm off England’s Essex coast, marking a step forward in the next generation of wind turbine technology.

Energy minister Greg Barker opened the extension to Dong’s 172-megawatt (MW) Gunfleet Sands wind farm, off Clacton-on-Sea. The 6-MW turbines were supplied by Siemens.

The Department of Energy and Climate Change (DECC) said the turbines have the potential significantly to cut the cost of producing renewable energy from offshore wind.

The turbines will be tested to help Dong understand how the technology could be rolled out in future British projects.

Last year, Danish state-owned oil and gas group Dong agreed to buy 300 giant offshore wind turbines with a total capacity of 1,800 MW from Siemens for its British wind farms.

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